4. Your Obligations: You are responsible for obtaining access to the Website and for paying any fees involved in obtaining that access (such as Internet service provider or airtime charges and the cost of the equipment you use to access the Website).
As a user of the Services, you agree to not use the Services to:
A. post, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including, but not limited to, an official of Tinman Merchandising, LLC., or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. disguise the origin of any material posted on or transmitted by Tinman Merchandising, LLC.;
E. post, transmit or otherwise make available any material that you do not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
F. post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
G. post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
H. “stalk” or otherwise harass another; or
I. collect or store personal data about other users.
8. User-Generated Content: You may post user-generated content, such as comments, photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, and videos (“User Content”) on the Website. You will remain the owner of the User Content. By posting User Content, you grant Tinman Merchandising, LLC. an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. For example and without limiting the foregoing, by posting comments to any portion of the Website, you grant Tinman Merchandising, LLC. the right to use, copy, edit, highlight, feature, distribute, and display those comments or any portion thereof on the Website and in promotions thereof in any manner and for any purpose. By posting User Content, you represent and warrant that you have the right to post the User Content, that no third party rights will be violated by such posting, and that you have the right to grant Tinman Merchandising, LLC. the rights granted herein.
9. Services and Information Provided “As Is.” You understand and agree that the Services are provided “As Is” and that Tinman Merchandising, LLC. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication, information, or configuration.
You understand that you, and not Tinman Merchandising, LLC., are entirely responsible for all material that you post, transmit or otherwise make available through the Services. Tinman Merchandising, LLC. does not review or control the material that others post, transmit or otherwise make available through the Services, and accordingly Tinman Merchandising, LLC. does not guarantee the accuracy, integrity or quality of such material.
You acknowledge that although Tinman Merchandising, LLC. does not review material posted on, transmitted or otherwise made available through the Services by others, Tinman Merchandising, LLC. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Services, at any time and for any reason.
10. Use of the Services in Other States and Countries: You agree to comply with all local rules regarding online conduct and content.
11. Tinman Merchandising, LLC. Intellectual Property: Tinman Merchandising, LLC. (or its licensor) is the owner of all Website content —graphics, text, trademarks and other elements—including all copyrights, trademark rights and other intellectual property rights embodied therein. Tinman Merchandising, LLC. content and other materials may not be used, reproduced, distributed, displayed, reprinted or retransmitted in whole or in part without the express written consent of Tinman Merchandising, LLC., except that the foregoing does not apply to your own User Content (as defined above) that you legally post on the Website, and is not intended to prevent any “fair use” of the content under U.S. Copyright Law.
12. Third Party Intellectual Property: Tinman Merchandising, LLC. respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person’s copyright or other intellectual property right.
Notices of Claimed Infringement: A notification of claimed infringement must be a written communication provided to the Designated Agent that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a proper notification of infringement, Tinman Merchandising, LLC. will act promptly to remove or disable the allegedly infringing material.
Counter Notifications: If you believe that your User Content has been removed or disabled in error, you may send a written counter notification to the Designated Agent that includes substantially the following:
(A) Your physical or electronic signature.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Tinman Merchandising, LLC. may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
14. No Commercial Use of Services: You agree to use Tinman Merchandising, LLC. website for personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, access to the Website, or any material available through the Services.
15. Use and Storage of User Material: Tinman Merchandising, LLC. may establish general practices and limits concerning use of the Services, including limits on: the time that user-posted material will be available through the Services; the time that user-posted material will be stored by he Tinman Merchandising, LLC.; the maximum size of any single posted event; the maximum disk space that will be allotted on Tinman Merchandising, LLC. servers on your behalf; the maximum number of times you may access the Services in a given period of time; and the maximum duration of each access. You acknowledge that Tinman Merchandising, LLC. reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Tinman Merchandising, LLC. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
17. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Tinman Merchandising, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TINMAN MERCHANDISING, LLC. MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
18. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Tinman Merchandising, LLC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Tinman Merchandising, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
19. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.